New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-01-28
INTERSTATE COMMERCE.
GARLANYs FORMER VIEWS RECALLED.

4 RECALLED,
| HIS STRONG STAND AGAINST THE ppoposrn ,rcrs.
LAiloN WHILE HE WAS SENATOR
lbf TELEGRAPH TO THE Tribunal
"AsHiSGToN. Jan. 27.-The situation of AFFAIRS sur.
rouhoihg the Interstate Commerce bill has been some-
"ha' oompncated by Its reference TO the Attorney
GO W .ne PRESIDENT While opinions differ as to the
r cleveland respecting the several provisions
VI INC the fact that referred to his legal ad
wiser In the Cabinet was suficent evdsno. ,ho, b
not satisfied In his mind from cursory examination
OF its cohsttuonality connection with this point
'o"''i"'c Puonc Interest has been excited The Oppo-
~ " .o VII nave been accorded hearing and their
mas been selected and will make his argu-
eh' tomorrow or next day. II is well known that this
measure III substantially its present form has been
oohsreSs Tor several years. but the fact
thus far been Recalled that Mr. Garland in hs capacitv
~ C"'eu states Senator expressed n most emphatic
ophoh III opposition to the bill constitutional grounds
Inc question therefore will the Attorney
IN MS aered Official relations ignore the views
on Two years ago. and decide that what then not
whh he power OF Congress do under the
may To-Day he accomplished, notwithstanding the
absence OF any newly acquired power In the meantime.
"hen tns same question under debate in the Senate
on January 8, 1885, Mr. Garland said:
saS TO ing @ the exercise legislative power dele
Ind the power Congress delegate ts suhcv Wnsrs 40 aee we
H. @ 3 @ NJ 70 mere commission OF three
vcstns itse o G it. s ssve fntf" stsss sU1
the hands m conerce among the states and putting II in
tins section an! am correct that the ~sy sonms.oS
somm,re We get this Congress is con
among The states that is words translated properly
do @ Sa S1nS M s s'a' S cn@ 1t
mission 70 make these laws these regulations supervise
ssSre q feature .s S Of the III aTes S sseSa ys
ing 'he regulation OF commerce TO the commission.
Now this language strikes at the very root Of tho
measure namely the creation OF the commission itself
Win power TO regulate Having disposed OF
this point Mr. Garland proceeded the functions
OF the commission a court Section 10 OF the present
bill empowers the commission TO obtain full information
io common carriers and to require the attendance aud
testimony OF witnesses and the production of books
papers etc. and clothes them with the right to invoke
the aid OF any United States requiring the at
tendance OF witnesses and the production OF necessary
information Speaking upon this feature OF the BILL Mr.
Garland said:
The bill gives this co:nmson tho compulsory power at
once 70 compel o Of books and papers and the at
E.ion and wns..e' e this compulsory broce.. Never
power to compel tho a,tSSsno Of wSes ben ss sv O
eoSa,s but iS"Ps s Supreme Gs coaf ia o
recent KbOurneess .hcarei mis- power down very mate
.0S'SCn w. We came, put into tho hands Of 9. commits
Over Interstate under tho
what I s S & r. When we ns,s pro
visions OF The Constitution which stand as high that aud
much dgniy that foibi tho othins OF ths commission
with the power that Is here propo el u be given.
There Is other language in Mr. Garands speech in the
Senate which Il fully strong any above quoted His
position, therefore, will he extremely awkward one
when lie % be confronted with his own argument
the very points and In the very he s called
Oh to decide Interest naturally also about the
attitude OF the President in this particular Mr. Garland
his constitutional adviser and him the question has
been referred Recognizing the political bearings of the
measure as being In response to popular agitation
aud demand. will Mr. Garland stultify himself by
petcy reversing his former views and declaring the bill
OF such IA and there incidents IN his past
10 Justify the belief. But should he adhere to his
earlier opinion and decide that the Ia uncon
stitIuonal what then Will be the Presidents action
Having taken an oath Ia support the Constitution
hc consistently approve act which hs official
sttutionaI should he do so he must adver
tisc To the country his lack or confidence the legal
his political household OF his seven const |
inuonal advisers. and the only one Of that |
multiplicity of his enormous duties for advice on all |
constitutional questions concerning which lie may him
self bc In doubt The situation Is rendered all the
Interesting by s confirmation OF the error which Mr.
cleveland made In taking Mr.. Garland into his Cabinet
he latter appears Ia have enjoyed the misfortune OF
being constant stumbling block the
draw tho bill from the hands OF his Attorney General. IN
a,nuch he has passed his word To the opponents Of
the measure that they should have hearing The only
natural and consistent issue would to be
The query Oh every side Is, Will 1t comet
AT meeting of the Merchants Committee. represent
Ing the dry y-goods trade yesterday resolved to
favor the appointment OF A. Is. Hepburn Of the
Interstate Commerce commissioners In the interest both
OF the public and 0f the railroads and the cooperation
the various Exchanges tn this city aud state